Sdělování díla veřejnosti v judikatuře Ústavního soudu
| Title in English | Communication to the public in the case law of the Constitutional Court |
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| Authors | |
| Year of publication | 2016 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The Czech Constitutional Court was dealing with the institute of communication to the public in its judgements in previous years. Since the Act no. 121/2000 Coll., the Copyright Act, does not define what is meant by communication of the work to public, and even in the regulations at the European level we cannot find an answer, the analysis of relevant case law is needed. The case law is often connected with collective management of rights disputes with collective management societies when they enforce unjust enrichment for the use of works through making them available to the public. In connection with the changes in the case law also the institute called potential reception is examined (see Case C-306/05 European Court of Justice). Following the developments in the case law, the contribution will try to answer the question what the Constitutional Court considers a communication to the public. |
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